Assisting our Clients with Estate Planning, Trust Administration, and Probate services throughout California

Probate

Probate means petitioning the Court to transfer assets from a decedent’s estate to a new owner. What it really means is time, money, energy (and often) headache. That’s where we can help.

At Wright, Finlay & Zak, our Trusts & Estates Practice Group represents executors, administrators, heirs, and beneficiaries throughout the probate process. We focus on efficiency, statutory compliance, and protecting fiduciaries from personal liability.

Below is an overview of the major phases of probate administration.

Determining Whether Probate Is Required

Not every estate requires formal probate. The first step is asking:

  • Is there a trust?
  • Are there beneficiary designations?
  • How valuable are the assets?
  • Who will inherit?
  • Who has priority to get appointed?

We analyze title, asset structure, and statutory thresholds to determine whether probate is required and, if so, what type of probate proceeding is appropriate.

Filing the Petition for Probate

Probate begins with filing a Petition for Probate in the Superior Court of the appropriate county. This stage includes:

  • Preparing and filing the petition
  • Lodging the original will (if one exists)
  • Notifying heirs and interested parties
  • Publication in a court-approved newspaper
  • Checking probate notes often

We prepare the petition and supporting documentation to ensure procedural compliance and position the estate for efficient administration.

Appointment of the Personal Representative

After a noticed hearing, the court appoints a personal representative, either an executor (if named in a will) or an administrator (if no will exists). Upon appointment, the personal representative can get to work:

  • Post bond (if required)
  • Secure Letters Testamentary or Letters of Administration (proof of authority)
  • Notify creditors
  • Notify the Department of Health Care Services, Franchise Tax Board, and IRS

We guide fiduciaries through qualification requirements and explain the scope and limits of their authority. We also assist with statutory notices and advise on evaluating, accepting, rejecting, or negotiating creditor claims to protect the estate and fiduciary.

Inventory and Appraisal

The personal representative must identify, collect, and value estate assets. This process includes:

  • Marshaling financial accounts
  • Securing real property
  • Getting appraisals by the court-appointed Probate Referee
  • Filing the Inventory and Appraisal with the court

We coordinate with institutions and the Probate Referee to ensure accurate reporting and timely compliance.

Managing and Selling Estate Assets

During administration, the personal representative may need to manage or liquidate estate property. This may involve:

  • Maintaining, insuring, and safeguarding real property
  • Selling real estate (after notifying heirs and beneficiaries)
  • Managing business interests
  • Preserving personal property

We advise fiduciaries on authority limitations, court confirmation procedures when required, and strategies to maximize estate value while minimizing delay.

Tax Matters and Ongoing Administration

Probate administration often requires tax coordination. The personal representative may have to do all or some of the following:

  • File the decedent’s final income tax return
  • File past tax returns and negotiate back taxes
  • File fiduciary income tax returns
  • Address property tax reassessment
  • Evaluate estate tax exposure
  • Determine capital gains

We work alongside tax professionals to ensure legal compliance and strategic coordination.

Final Report and Petition for Distribution

Probate concludes with a Final Report and Petition for Distribution. Before requesting court approval for distribution, the personal representative must:

  • Confirm all debts and expenses are resolved
  • Provide a detailed accounting (unless all beneficiaries waive)
  • Petition the court for authorization to distribute assets
  • Seek discharge from liability

We prepare the accounting and petition for final distribution and guide fiduciaries through closing the estate properly and efficiently.

Above is just a fraction of what probate can involve, and things only get more complicated when disputes arise. Hiring a knowledgeable California probate attorney early can minimize the risks fiduciaries face.

If you need help with a California probate, contact Charley Kausen.

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